Business Law and Justice

Question: Describe about the Business Law and Justice? Answer: Issue: The main issue in this case is whether the time is a relevant essence or not, and the validity of the contract is also in question. In this case both the parties are blaming each other but there was no concurrent proof in relation to that. The time for execution of the contract was changed without proper notification to the appropriate party. The performance from both the parties is stipulated in accordance with the specified time. If it has been changed with the free consent of the other party, then also there is no comprehensive evidence in front of the Ld. Court, for that reason making any decision in relation to that depending upon assumption would not be fair. Facts: De Jong, the plaintiff, was looking to purchase land from Carpenter, the defendant. By virtue of this, the solicitor of the defendant drafted a contract which stated that the sale will depend upon obtaining finance by the purchaser from a particular source before completion of 28 days. He retained a copy of this contract and sent a matching part of the contract to the solicitor of the purchaser. The solicitor of the defendant has been instructed by the defendant to introduce a new condition into the contract which provides completion within a certain period of time of the essence of the contract. This modification was duly made by the solicitor of the defendant in his copy only and the solicitor of the purchaser was neither notified nor aware of this modification. For that reason it was not recorded in the copy of the purchaser. Consequently, both of the solicitors were agree to amend the stipulated period of time in the finance passage from 28 to 14 days. But there was no conclusive evidence that the purchaser gave his free consent to it. Signed copies of the contracts were exchanged among them. But before completion from the part of the defendant as to the contract, plaintiff sought specific performance. Courts decision: As per the observation made by the court and decision given by the court, it has been considered that the decision has given in favor of the defendant rather defendant has won the case. Legal Principals: Proper acceptance of the contract with free consent is a necessary element of every contract. Without the free consent of either part no agreement can be treated as a valid contract, in any contract if free consent from any of the party is not present then that would be a void contract . The legislations governing the contract laws in Australia, also specifies that any contract without the free consent of the parties is void and do not have any legal enforceability. Identification made by the court: The court has observed that there is no conclusive evidence which can support the fact that the defendant has given his consent to the modification made in the contract. It shows that there is a possibility of lack of free consent from the part of the defendant. Any decision based upon any assumption is not possible for the end of justice, so it would not be a valid contract as no assumption or adjustment is permissible with the basic requirements of a valid contract and free consent is a basic requirement. Exercise 2.2: In this case Lora cannot enforce Belinda to buy the car in stipulated time, as the new terms which has been introduced by Lora, are inserted into the contract without the consent of Bellinda, even at the time of discussion Belinda knows that the car has fulfilled the criteria that is within 50,000 K.M but in actual it has run more than that, so like the previous discussed case, this contract is also not valid and not legally enforceable due to lack of free consent from Belinda. Exercise 3.1: In this case Lee is not guilty, as the two conditions which are to be complied are to stop the vehicle and to render assistance as is necessary. Here the word necessary implies that if any person is injured or suffers any type of loss then the immediate assistance which is required for that person is to be rendered. But if things are alright and no assistance is needed or asked then the other party cannot do anything except stopping the vehicle. Here Lee has complied the first clause and the clause is not required as the person was helped by others and things were seems alright as well as under control. The general meaning of the word is required assistance. This words itself implies the requirement. Exercise 3.2: Generally Judges follows three rules of interpretation of statutes, those are Literal rule, Golden rule and mischief rule. Literal rule is the most common one, in this the actual grammatical meaning of the words used in the statutes are taken into consideration. In golden rule the inner meaning or the implied meaning of the provisions is considered. In case of mischief rule when there any conflict among legislations then the detection of the defect and finding out the remedy to solve the conflict is previewing within the scope of mischief rule. There is no difference among Statute, Legislation and Act, all of them are same and equal. Exercise 4.1 Here Bruce should file a suit for specific performance. Maud breaches the contract, in any kind of breach of contract there are three remedies, those are specific performance, damages and injunction. In this case Bruce can go for either specific performance or damages but considering the financial condition of Maud, Bruce should go for specific performance of the contract. Exercise 4.2: Under this circumstances Amy cannot claim the amount of $ 4,000, as this agreement has domestic elements and the courts have presumed that if any agreement has social or domestic elements then such an agreement will not be legally binding. Exercise 4.3: Fact: Ripley used to reside in a big house; he was a affluent and aged man. Ripleys sister (Wakeling), is a married woman and reside in England, whom Ripley wrote a request to live with him in his house at Sydney. In addition to that request, he promised to leave them his belongings and Wakeling can reside in his house for free. For that reason, Wakelings departed from England, sell out her properties, and resigned from her job to migrate to Sydney. After a year, both the parties had a major deviation. In result, Ripley sold his assets and changed his will. Then Wakeling sued Ripley for breach of contract. Issue: Whether domestic or social elements can bind legally or not. Decision: It was held by the Ld. court that the situation which arose from the family members, consequence to a legally binding contract. Opinion With Reason: This decision was appropriate as migration has made depending upon the contract. Exercise 4.4: Subjective test depends upon the subject matter of case while in objective test the main object of the Act is taken into consideration. In case of determining the intention, generally objective test is followed by the courts. Exercise 5.1: The main argument from the defendant was that the advertisement was a general one for every one, so it is not possible to enter into a contract with the entire world. The court held that its may be for the entire world but if any one comes forward and fulfills the specified conditions then with that person the company enters into a contract. The offer was made to the world at large. Any person by performing specified conditions can enter into that contract. By giving a subsequent advertisement for withdrawal the offer it can be withdrawn. Generally in invitation to treat there no specific condition to be fulfilled and it does not contain any commercial affluence, for that reason it is not an invitation to treat. Subjective test is implemented depending upon the main subject matter of the case while in case of objective test the main object of the case or issue where from dispute arose is taken into account. Here the court has followed the subjective test for determing the main object of the advertisement. Exercise 5.2: There is no contract between Jene and the shop keeper, as there was merely an invitation to offer, here Jene has made the offer which is not accepted by the shopkeeper, so without acceptance there is no contract. Exercise 5.3: John and Tuan can file a suit against the advertiser, as it was an offer not invitation to offer, here any person who will fulfill the condition, that is to return the dog shall automatically enters into the contract with that person, and then the advertiser is bound to perform his obligation. Exercise 5.4: Bill cannot enforce Dave to sell the car as it was merely an invitation to offer not an actual offer, here Bill made the offer to Dave that was not accepted by Dave, and without acceptance there is no contract can be considered. Exercise 5.4: In postal rule of acceptance, it completes when the acceptance comes to the knowledge of the person who made the offer. Exercise 6.1: Here Kim can sue Huyen for damages as Huyen hide major information from Kim regarding the sold article. EXERCISE 6.2: Terry cannot sue Dave as terry wanted to leave the job which was not legal so the subsequent contract between Terry and Dave is a void contract. Exercise 6.3: The doctrine of promissory estoppel was attempted for greater utilization. The agreement between the parties denotes to accept payments in part of a debt in full settlement. The court has been reluctant to override cases like Foakes v Beer as it have formed portion of the common law for such a long period. Justice Arden in the case of Collier v P MJ Wright Ltd, has acknowledged the principal that High Tees could be quench the right of a creditor in full settlement of a dept in such situation. Exercise 6.4: In this famous case an ex-wife tried to take benefit of the rule that had been acknowledged in the High Trees case, to compel her husband to pay maintenance to her. In this case the court held that there is no scope for application of promissory estoppels, it can be used as a defence but not as a cause of action. In Lagione v Hateley case it was observed by the court that the rule of promissory estoppels can be used only as defence, no cause of action can be sought depending upon promissory estoppels. In present days promissory estoppel exists in a strict manner, it does not confirm any cause opf action but defence can be made depending upon this rule. It denotes that if the relying party changes his position due to the faith of the promise, will suffer from detriment, if it was allowed to depart from his enforcement of former contractual rights. Exercise 7.1 Parol Evidence Rule is considered as a law which restricts the party to a written agreement from disclosing any extrinsic proof. Exercise 7.2: The contract between Yvonne and Marcel and sale of tyres by Yvonne can be taken in account. Marcel has to show the tyres defect and bill of sales for claiming his part. Exercise 7.3: If there is already damage before taking goods in hand, then the signature of authoritative party if there is any damage EXERCISE 7.4: Exclusion clauses are that which prevent parties to the contract. Exercise 7.5: 1. Requirement of notice is legal concept and it is needed to make parties aware about legal process. 2. A contractual term that has less legal gravity is non-contractual documents. Examples: if one party counsel other that document does not hold any liability exclusion. 3. A term that leads to contractual obligation is contractual document. Examples: drawings, specifications, executed agreements. 4. Contractual documents considers legal obligation at high and can lead to litigation whereas non contractual document considers less legal aspects. Exercise 8.1: Constructive notice is taken as legal fiction which ensures that people should understand even if they do not hold any knowledge about it. Exercise 8.2: None of the mentioned terms are discussed as these conditions are implied. The purchaser will expect the same quality of product which was provided earlier. This expectation is implied. Exercise 8.3: In the above mentioned two statutes the word that implies the object of the statute to a certain extend are Fair and Competition. Exercise 8.4: The food supplier cannot sue John as he is incompetent to contract, and the food supplier entered into a contract with a minor, therefore the contract is void. Exercise 9.1: (a) iii) a misrepresentation (b) iii) a misrepresentation Exercise 9.2: a) it was not a misrepresentation. b) it was a fraudulent misrepresentation to sell the car. c) it was a innocent misrepresentation. Fraudulent misrepresentation is done with an intention to deceive but innocent misrepresentation is done due to lack of knowledge. Exercise 9.3: a) The contract would be void, and the actual seller shall have the right upon the sold item. b) The court decided that the contract is a void contract and does not have any legal enforceability, and the item shall be owned by the shop keeper. c) it is a fraudulent misrepresentation. As it was not intended to make any face to face contract but to any random person who will come to the shop[18]. Exercise 10.1: Raymond cannot claim it as Maria disposed her property with her own consent. Exercise 10.2: Economic duressin a contract arose when a party to the contract threatens to cancel the contract unless the other party consented to their anxiety. E.g. John and Ronny enters into a contract where john will sell umbrellas to Ronny but suddenly John refuses to sell it unless Ronny increases the price of the goods. Exercise 10.3: Yes, Marks behaviour constitute unconscionable conduct, as knowingly the facts he took undue advantages. Exercise 11.1: 1. By performance;2. By agreement;3. By subsequent agreement;4. By operation of law;5. By election after breach;6. By frustration 1) Discharge of contract means ending the contract. These are the ways to end a contract: 2) It mainly depends upon the terms, object and implications of the contract. 3) If there is no fault from the parties, and situation restrict the parties from further obligations then it shall be discharged by frustration. 4) Damages provided for infringement of the right. Punitive damages means damages give with example of a similar kind breach or obligation. Yes, punitive damages are provided by the courts in relevant suites. 5) As the court held that Baxendale could only be responsible for the losses that were usually foreseeable, or if Hadley had specified his particular situation in advance. 6) Tyre dealer shall be liable for this incident, and in the second case the answer will remain same as the above. References: Barling, Julian and Michael Robert Frone,The Psychology Of Workplace Safety(American Psychological Association, 2004) Beale, H. G and Denis Tallon,Contract Law(Hart Pub., 2002) Brmmelmeyer, Christoph, 'Principles Of European Insurance Contract Law' (2011) 7European Review of Contract Law Di Girolamo, Nick,Recent Reforms To S.54 Of The Insurance Contract Act 1984(NSW Young Lawyers, the Law Society of NSW, 2004) Elliott, Catherine and Frances Quinn,Contract Law(Pearson Longman, 2007) Gale, Chris, 'The Business Of Business Law' (2007) 49Managerial Law Harrison, Jeffrey L and Jules Theeuwes,Law And Economics(W.W. Norton Co., 2008) International Labour Law Reports, Editors, 'Austral.1 AUSTRALIA' (1996) 17International Labour Law Reports Online Kokkoris, Ioannis,Merger Control In Europe(Routledge, 2011) Mann, Trischa,Australian Law Dictionary(Oxford University Press, 2009) Morgan, Jonathan,Great Debates In Contract Law(Palgrave Macmillan, 2012) Olsson, L. T,Guide To Uniform Production Of Judgments(Australian Institute of Judicial Administration, 1999) Richards, Paul,Law Of Contract(Pearson Longman, 2007) Slapper, Gary and David Kelly,The English Legal System(Cavendish, 2004) Slorach, J. Scott and Jason G Ellis,Business Law(Oxford University Press, 2007) Vollm, B., 'AS03-01 - Reactions And Consequences Following Judgements By The European Court Of Human Rights In The UK' (2012) 27European Psychiatry [1] David Kelly, Ann E. M Holmes and Ruth Hayward, Business Law (Cavendish, 2005).[2] K. L Fletcher and K. L Fletcher, The Law Of Partnership In Australia (Lawbook Co, 2007).[3] Denis J Keenan and Sarah Riches, Business Law (Pearson Longman, 2007).[4] Ewan MacIntyre, Business Law (Pearson Longman, 2008).[5] Paul Richards, Law Of Contract (Pearson Longman, 2007).[6] J. Scott Slorach and Jason G Ellis, Business Law (Oxford University Press, 2007).[7] H. G Beale and Denis Tallon, Contract Law (Hart Pub., 2002).[8] Catherine Elliott and Frances Quinn, Contract Law (Pearson Longman, 2007).[9] Christoph Brmmelmeyer, 'Principles Of European Insurance Contract Law' (2011) 7 European Review of Contract Law.[10] Chris Gale, 'The Business Of Business Law' (2007) 49 Managerial Law.[11] B. Vollm, 'AS03-01 - Reactions And Consequences Following Judgements By The European Court Of Human Rights In The UK' (2012) 27 European Psychiatry.[12] L. T Olsson, Guide To Uniform Production Of Judgments (Austr alian Institute of Judicial Administration, 1999).[13] Nick Di Girolamo, Recent Reforms To S.54 Of The Insurance Contract Act 1984 (NSW Young Lawyers, the Law Society of NSW, 2004).[14] Lars Meyer, Non-Performance And Remedies Under International Contract Law Principles And Indian Contract Law (P. Lang, 2010).[15] Jeffrey L Harrison and Jules Theeuwes, Law And Economics (W.W. Norton Co., 2008).[16] Julian Barling and Michael Robert Frone, The Psychology Of Workplace Safety (American Psychological Association, 2004).[17] Jonathan Morgan, Great Debates In Contract Law (Palgrave Macmillan, 2012).[18] Gary Slapper and David Kelly, The English Legal System (Cavendish, 2004).[19] Trischa Mann, Australian Law Dictionary (Oxford University Press, 2009).[20] Ioannis Kokkoris, Merger Control In Europe (Routledge, 2011).[21] Editors International Labour Law Reports, 'Austral.1 AUSTRALIA' (1996) 17 International Labour Law Reports Online.

Rhythm Essays - Music, Harmony, Accompaniment,

Rhythm In this video, we are shown the basic structure of rhythm, tempo and so on. We do involve in rhythm every day, from walking to dancing, tapping our foots even heart-beating is considered as responding to rhythm. Rhythm could be said as the most essential element that connects everything in music and it defines as the sound that exists in a pattern between time. It could be known as the element of TIME in music. It simple means how long the musical events occur (Duration), it could be a single note, multiple notes or even silence could be considered as rhythm. People likes good rhythm that lies on a beautiful melody while if u hadnt created a good rhythm, the audience will notice it right away in a performance. Beat, is just like a pulse and tempo, defines as the pace or speed of the beats and the music played which it helps the composer to express the intense or the relaxing moment in certain piece of music. Moreover, it makes the players of the song that how fast or how slow they sh ould play the song just like a metronome, a speedometer in music. When beats are organized into a recurring pattern with accents, it is recognized as a meter the most common ones are duple meter (2/4 times), triple meter (3/4 times), and quadruple meter (4/4 times). Rhythm helps make up the styles of the music and every style have their unique rhythm. It evolves through time, in 1940s, the famous rhythm is Jazz music, and it slowly changed to the Rockn Roll era when people get sick of the rhythm. In an orchestra, bass players such as bassist, drummers, guitarists, and pianists are required to study and understand the rhythm because they are the essential part to create a good rhythm. This rhythm is like a backbone of the band, pretty much like a rail track for the train which it provides the steady, smooth and seamless for the band and other element to ride along with it. Try to imagine that when the train be completely fell apart if the tracks come off and it illustrates the relationship between the rhythm and the piece of music. To conclude, rhythm is just as equally important as other essential element in the piece and if the rhythm was poor, working on anything else will not help anything to become better. Harmony Unlike the melody, harmony is the notes that are played vertically instead of horizontally. A simple differentiation between melody and harmony would be melody is described as single note that is played in a time sequence, one after the other and harmony is described as multiple notes that are played together, all at the same time and vertically. They are being played behind the melody. For example, harmony is found in chords where instruments such as guitars could illustrate this. Chords are stacked up with 1, 3 or 5 notes on top of each other that are in the same scale. There are two triads that can be used as example, major triad which is created by combining a root note with a major third and a perfect fifth whereas the difference of minor triad and a major triad is just replacing the major third with a minor third. For example, C major chord contains the notes of C, E and G and when they are played at the same time, a C major chord is produced. Chord progression is how the chords are placed one after another in the piece and it is functioned differently in terms of harmony to provide different expression of the feeling, tense, stable and so on. There is a fundamental relationship in this progression that is, the tonic-dominant relationship which the chords based on the 1st known as the tonic, and the 5th known as the dominant is related. For instance, the C major tonic chord always has the G major key that act like supportive and dependant role to the tonic note. The complexity of a song in terms of harmony could be elaborated through its texture which often described using the terms such as Monophonic, a single line of melody which has no harmony. Biphonic,

Chapter 6 Solution Ops Management Essay

Chapter 6 Solution Ops Management Essay Chapter 6 Solution Ops Management Essay CHAPTER 6 PROCESS DESIGN AND Facility LAYOUT Answers to Problems 1. Longest task = 2.4 minutes Total task times = 18 minutes OT = 450 minutes per day a. Minimum cycle time = length of longest task, which is 2.4 minutes. a. Maximum cycle time = ï â€œ task times = 18 minutes.CT = 450 / 180 = 2.50 minutes per unit N = 18 / 2.5 = 7.2, round to 8 b.b. CT = 450 / 125 = 3.6 minutes per unit Range of output: e. c i. output = 450 / 9 = 50 units per day ii. output = 450 / 15 = 30 units per day 2. Desired output = 33.33 units per hour Operating time = 60 minutes per hour CT = Operating time = 60 minutes per hr. = 1.80 82 minutes per unit Desired output 33.33 units per hr. a. Station Time left Eligible Will fit Assign (time) Idle 1 1.82 0.42 a b a a (1.4) 0.42 2 1.82 1.32 0.52 b c, d, e c, d b c, d, e b (0.5) e* (0.8) 0.52 3 1.82 1.12 0.52 .02 c, d c, g g, f g c, d c, g f d* (0.7) c** (0.6) f (0.5) .02 4 1.82 0.82 0.32 g h g h g (1.0) h (0.5) 0.32 1.28 * is tied in no. of followers, but is longer(longest) ** has more followers b. Efficiency = 1 – [1.28 / 4(1.82)] = .82 or 82%. 3. Desired output = 4 units per hour Operating time = 56 minutes per hour CT = Operating time = 56 minutes per hr. = 14 minutes per unit Desired output 4 units per hr. a. Station Time left Eligible Will fit Assign (time) Idle 1 14 9 6 a, d, f a, d, g b, d, g a, d, f a, d, g b, g f* (5) a** (3) g* (6) 0 2 14 7 5 1 b, d b, e c, e c b, d b, e c, e d* (7) b** (2) e*** (4) 1 3 14 10 1 c h i c h c (4) h (9) 1 4 14 9 i i i (5) 9 11 * is tied for no. of followers, but is longer (longest) ** has more (most) no. of followers *** tied in no. of followers and time; choose randomly b. Efficiency = 1 – Total idle time = 1 – 11 = 80.4% CT x no. of stations 14(4) 1. CT = 1.3 minutes per unit Time [no. followers] .3 [3] a. i .2 [4] .4 [3] 1.3 [2] 1.2 [0] .1[3] .8[2] .3[1] a. ii Station Time left Eligible Will fit Assign (time) Idle time 1 1.3 a, c, e a, c, e a* (.2) 1.1 b, c, e b, c, e b** (.4) .7 c, e c, e c** (.3) .4 d, e e e (.1) .3 d, f 0.3 2 1.3 d, f d, f d** (1.3) 0.0 f 0.0 3 1.3 f f f (.8) .5 g g g (.3) .2 h 0.2 4 1.3 h h h (1.2) 0.1 0.1 0.6 * most followers ** tied in no. of followers, but longer (longest) a. iii Percentage idle time: ï â€œ(idle time) = .6 = 11.5% N Ãâ€" CT 4(1.3) a. iv Output: OT = 420 min./day = 323.1 units/day CT 1.3 min./unit b. i. Total time = 4.6 min., CT = Total time = 4.6 = 2.3 minutes. N 2 Assign a, b, c, d, and e to workstation 1: 2.3 minutes Assign f, g, and h to workstation 2: 2.3 minutes ii. Percentage idle time = 0 iii. Output = OT = 420 = 182.6 units per day. CT 2.3 5. Output rate = 240 units per eight-hour day a. b. CT = OT = 480 min/day = 2 minutes per unit output 240 units/day c. N = ï â€œt = 4.6 = 2.3 (round up to 3) workstations CT 2.0 d. Station Time Left Eligible Will Fit Assign (time) Idle time 1 2 a, c, e a, c, e a* (.2) 1.8 b, c, e b, c, e e** (1.2) .6 b, c, f b, c b** (.4) .2 c, f c c (.2) 0 .0 2 2 d, f d, f f** (1.2)

Battle of Fuentes de Onoro - Peninsular War - Duke of Wellington

Battle of Fuentes de Onoro - Peninsular War - Duke of Wellington The Battle of Fuentes de Oà ±oro was fought May 3-5, 1811, during the Peninsular War which was part of the larger Napoleonic Wars. Armies and Commanders Allies Viscount Wellingtonapprox. 38,000 men French Marshal Andre Massenaapprox. 46,000 men Buildup to Battle Having been stopped before the Lines of Torres Vedras in late 1810, Marshal Andre Massena began withdrawing French forces from Portugal the following spring. Emerging from their defenses, British and Portuguese troops, led by Viscount Wellington, began moving towards the border in pursuit. As part of this effort, Wellington laid siege to the border cities of Badajoz, Ciudad Rodrigo, and Almeida. Seeking to regain the initiative, Massena regrouped and began marching to relieve Almeida. Concerned about the French movements, Wellington shifted his forces to cover the city and defend its approaches. Receiving reports regarding Massenas route to Almeida, he deployed the bulk of his army near the village of Fuentes de Oà ±oro. The British Defenses Located to the southeast of Almeida, Fuentes de Oà ±oro sat on the west bank of the Rio Don Casas and was backed by a long ridge to the west and north. After barricading the village, Wellington formed his troops along the heights with the intention of fighting a defensive battle against Massenas slightly larger army. Directing the 1st Division to hold the village, Wellington placed the 5th, 6th, 3rd, and Light Divisions on the ridge to the north, while the 7th Division was in reserve. To cover his right, a force of guerillas, led by Julian Sanchez, was positioned on a hill to the south. On May 3, Massena approached Fuentes de Oà ±oro with four army corps and a cavalry reserve numbering around 46,000 men. These were supported a force of 800 Imperial Guard cavalry led by Marshal Jean-Baptiste Bessià ¨res. Massena Attacks After reconnoitering Wellingtons position, Massena pushed troops across the Don Casas and launched a frontal attack against Fuentes de Oà ±oro. This was supported by an artillery bombardment of the Allied position. Surging into the village, troops from General Louis Loisins VI Corps clashed with troops from Major General Miles Nightingalls 1st Division and Major General Thomas Pictons 3rd Division. As the afternoon progressed, the French slowly pushed British forces back until a determined counterattack saw them thrown from the village. With night approaching, Massena recalled his forces. Unwilling to directly attack the village again, Massena spent most of May 4 scouting the enemys lines. Shifting South These efforts led to Massena discovering that Wellingtons right was largely exposed and only covered by Sanchezs men near the village of Poco Velho. Seeking to exploit this weakness, Massena began shifting forces south with the goal of attacking the next day. Spotting the French movements, Wellington directed Major General John Houston to form his 7th Division on the plain south of Fuentes de Oà ±oro to extend the line towards Poco Velho. Around dawn on May 5, French cavalry led by General Louis-Pierre Montbrun as well as infantry from the divisions of Generals Jean Marchand, Julien Mermet, and Jean Solignac crossed the Don Casas and moved against the Allied right. Sweeping the guerillas aside, this force soon fell on Houstons men (Map). Preventing a Collapse Coming under intense pressure, the 7th Division faced being overwhelmed. Reacting to the crisis, Wellington ordered Houston to fall back to the ridge and dispatched cavalry and Brigadier General Robert Craufurds Light Division to their aid. Falling into line, Craufurds men, along with artillery and cavalry support, provided cover for the 7th Division as it conducted a fighting withdrawal. As the 7th Division fell back, the British cavalry harried the enemy artillery and engaged the French horsemen. With the battle reaching a critical moment, Montbrun requested reinforcement from Massena to turn the tide. Dispatching an aide to bring up Bessià ¨res cavalry, Massena was furious when the Imperial Guard cavalry failed to respond. As a result, the 7th Division was able to escape and reach the safety of the ridge. There it formed a new line, along with the 1st and Light Divisions, which extended west from Fuentes de Oà ±oro. Recognizing the strength of this position, Massena elected not to press the attack further. To support the effort against the Allied right, Massena also launched as series of attacks against Fuentes de Oà ±oro. These were conducted by men from General Claude Fereys division as well as General Jean-Baptiste Drouets IX Corps. Largely striking the 74th and 79th Foot, these efforts nearly succeeded in driving the defenders from the village. While a counterattack threw Fereys men back, Wellington was forced to commit reinforcements to break Drouets assault. Fighting continued through the afternoon with the French resorting to bayonet attacks. As the infantry assault on Fuentes de Oà ±oro faltered, Massenas artillery opened with another bombardment of the Allied lines. This had little effect and by nightfall the French withdrew from the village. In the darkness, Wellington ordered his army to entrench on the heights. Faced with a strengthened enemy position, Massena elected to retreat to Ciudad Rodrigo three days later. The Aftermath In the fighting at the Battle of Fuentes de Oà ±oro, Wellington sustained 235 killed, 1,234 wounded, and 317 captured. French losses numbered 308 killed, 2,147 wounded, and 201 captured. Though Wellington did not consider the battle to be a great victory, the action at Fuentes de Oà ±oro allowed him to continue the siege of Almeida. The city fell to Allied forces on May 11, though its garrison successfully escaped. In the wake of the fighting, Massena was recalled by Napoleon and replaced by Marshal Auguste Marmont. On May 16, Allied forces under Marshal William Beresford clashed with the French at Albuera. After a lull in the fighting, Wellington resumed his advance into Spain in January 1812 and later won victories at Badajoz, Salamanca, and Vitoria. Sources British Battles: Battle of Fuentes de OnoroPeninsular War: Battle of Fuentes de OnoroHistory of War: Battle of Fuentes de Onoro

Finance accounting solution Coursework Example | Topics and Well Written Essays - 250 words

Finance accounting solution - Coursework Example The student’s actions have consequences. If the store owner discovers the student’s mischievous actions, he can take legal action against her. Additionally, the business relationship of the two will be ruined, and the student may not be allowed to purchase from the store anymore. There are consequences to the store such as suffering losses because of the fraudulent returns by the student. Return fraud costs retail shops billions every year. Due to this, retailers are trying to come up with policies that curb the behavior, but still protect legitimate customers (Paul, 2012). There are ways through which retailers account for returned merchandise. First, the goods are examined, and their value is determined. If the goods are in good condition, they are restocked and sold again at new prices. However, if the merchandise is not in good condition and cannot be sold again, the retailer bears the loss of both the profit and the cost of acquiring the

Readings In Social Science Essay Example | Topics and Well Written Essays - 2250 words

Readings In Social Science - Essay Example Through adapting these works toward the social commentary of the day, we find that in the same article of work by The Penguin Dictionary of Philosophy is that â€Å"Mill's defense of the view that we ought to pursue happiness because we do pursue happiness, has been the object of savage attack by, among others, F. H. Bradley in his Ethical Studies 1874 and G. E. Moore in Principia Ethica 1903.† This would be aptly served by the situation of today’s social policies in that it seems quite apparent in how his insight many years ago would have been a service to those governing today. â€Å"But others have argued that on this particular point, Mill was misinterpreted by his critics. His insistence that happiness was to be assessed not merely by quantity but by quality - the doctrine that a dissatisfied Socrates is not only better than a satisfied fool but somehow happier, too - has puzzled generations of commentators† (Penguin Dictionary of Philosophy). Taking the abo ve statement into consideration, it would be evident that the social system of governance that is clearly applicable today has been influenced partly in what Mill parlayed in his writings. It is a mandate of the social reformists to make society economically grounded through necessity and not indulgence. Adding to the fears of the time and how America was starting to engage in over-indulgences brought on by the industrial revolution, â€Å"Mill feared that it was also a society that cared nothing for individual liberty.†... Adding to the fears of the time and how America was starting to engage in over-indulgences brought on by the industrial revolution, "Mill feared that it was also a society that cared nothing for individual liberty." (Penguin Dictionary of Philosophy). This thinking would lead to a lack of "civil liberties" as Mill quoted in his writings On Liberty written in 1859. Through the lack of civil liberties "Mill lays down "one very simple principle" to govern the use of coercion in society - and by coercion he means both legal penalties and the operation of public opinion" (Penguin Dictionary of Philosophy) and through this analogy Mill points out that society needs to follow the utilitarian viewpoint on self-discretion and self-denial. Utilitarianism and Its Impact Utilitarianism is defined by the Bentham ideology a "a moral theory according to which an action is right if and only if it conforms to the principle of utility." (Penguin Dictionary of Philosophy) This basically means that an action is only correct in its definition if it relates to the consequences of that action. It is perceived that happiness of self applies to the welfare of self and utilitarian law implicates that happiness equates to the welfare of those best affected. The application of the word utilitarianism has been replaced by consequentialism by devotees of the movement. Mill's Theories of Influence It is apparent early philosophers had a great deal of influence over Mill and his social rhetoric on his viewpoints about social reform, but, there are those who have been guided by Mill themselves which include such individuals as: John Rawls, Robert Nozick, Karl Popper, Ronald Dworkin, H.L.A. Hart, Peter Singer. One such individual, John Rawls, was such a profound philosopher with respect

Teaching English as a second language Essay Example for Free

Teaching English as a second language Essay Language is said to be a system in which the combination of sounds form words and the combination of words form sentences for a representation of knowledge is determined by a system of rules. And these rules are applied in the construction of words and sentences. One of the basic principles of learning a second language is to use it as soon as possible in our everyday life activities. This is made clear to the learner and the teacher makes effort to see to it that the language is learned, despite the many interference phenomena in the process. Nigeria is a multilingual and multi-cultural country. It has been estimated that over 400 indigenous languages exist in the country. This multiplicity of languages in Nigeria was compounded with the advent of the colonial masters who introduced and implanted the English language in Nigeria. It has become part of the system to the extent that instead of the continous struggle required to meet up with the standard set by the native speakers , a Nigerian variety has emerged. It is now regarded as a Nigerian language. The English Language in Nigeria enjoys a prestigious status, having a high premium placed on it as the national Lingua franca, It is the Language of administration, trade, commerce and industry, inter-ethnic relationship. It is the language of integration and instruction in schools and above all the language of national Unity as well as international communication. Apart from functioning as the language of integration here in Nigeria, Yate (1992) has observed that ‘ of more notable importance is the increase in the international and technological function of English Language as the dominant language of the Cyber cafà ©, and the most used language in the internet. It is also an elitist language. We now live in an ICT globalised world in which English is the medium of interaction between individuals and nations. According to Babajide 2002: â€Å"For any nation particularly in the third world to be relevant and derive the maximum benefit from the opportunities that abound in every area of human need, for personal advancement and national development, English is a ‘sine qua non’. He further stated that up  till now the country is still faced with the dilemma of selecting an indigenous language that will foster national unity. As the debate continues, Prof. Afolayan bring s out the important place of English when he said that â€Å"It is unrealistic for anybody in Nigeria today to think that National unity can be forged in the country without recourse to the utilization of the English Language†¦Ã¢â‚¬ ¦. It has been the language of political entity itself and also the language of its politico- economic unification and administration. Further more the fact that it is now functioning as the language of Nigerian Nationalism cannot be denied.† Multilingualism and English in Nigeria The first Nigerian National anthem acknowledges the existence of indigenous languages ‘though tribe and tongue may differ in brotherhood we stand†. Nigeria is a typical multi-lingual country in which minority languages which are very many live side by side with the major languages. The country is not only the melting pot of African socio-political and linguistic realities but also the meeting point of divergent and convergent views on minority languages and language policy. Multilingualism is a sociolinguistic phenonmenon that arises as a result of language contact. It is a situation in which two or more languages operate within the same context. Factors such as political annexation, marital relations, economic transactions, cultural association, educational acquisition and religious affiliation bring about multilingualism. All these factors underpin the socio-political landscape of Nigeria today even though the combination of political and economic transaction or exploitation originally brought the people referred to as Nigerians today in contact with the English people. The coming of English colonialist in the 18th Century brought about â€Å"Linguistic imperialism†a situation in which â€Å" the minds and lives of the speakers of a language are dominated by another language to the point where they believe that they can and should use only the foreign lanugauge when it comes to transactions dealing with the advanced aspects of life such as education,philosophy, literature,government and the administration of justice.† So inspite of the fact that English is foreign, it has become a language that has helped to weld together the many people that constitute Nigeria.